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UNITED STATES v. SAFEWAY STORES

Cr. Nos. 7196, 7197.

51 F.Supp. 448 (1943)

UNITED STATES v. SAFEWAY STORES, Inc., (MARYLAND), et al. SAME v. KROGER GROCERY & BAKING CO. et al.

District Court, D. Kansas, First Division.

August 30, 1943.

Attorney(s) appearing for the Case

George H. West, U. S. Dist. Atty., of Topeka, Kan., Tom C. Clark and William R. Watkins, Asst. Attys. Gen., and Horace L. Flurry and Earl A. Jinkinson, Sp. Assts. to Atty. Gen., for the plaintiff.

Louis R. Gates, of Kansas City, Kan., Henry N. Ess (of the firm of Watson, Ess, Croner, Barnett & Whittaker), of Kansas City, Mo., and Mitchell T. Neff, of San Francisco, Cal., for Safeway Stores.

Kroger's Case:

Thomas M. Lillard (of the firm of Lillard, Eidson, Lewis & Porter), of Topeka, Kan., and Frank E. Wood and Robert S. Marx (of the firm of Nichols, Wood, Marx & Ginter), both of Cincinnati, Ohio, for Kroger Grocery and Baking Co.

HOPKINS, District Judge.

These are anti-trust prosecutions. Separate indictments were filed against the two principal defendants, Safeway Stores, Incorporated, and Kroger Grocery & Baking Company on January 20, 1943. Each indictment charges in addition various individual defendants, officers and employees of the two companies. Demurrers were filed by the defendants, which after full consideration were sustained by the court.

The two cases have been briefed...

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